Ross Municipal Code § 2.36

-- 2.36.010 Lost or unclaimed property Disposal. Any unclaimed or lost property within the town may be delivered to and be held and disposed by the police department of the town under the provisions of this section:

(1) In the event that the property is claimed, the chief of police or their designee, shall deliver it to the rightful owner after being supplied with satisfactory proof of such ownership, provided, however, that the owner shall first pay to the town any reasonable storage costs incurred in holding the property;

(2) If such property has not been so claimed within six months from the date on which the police department took possession thereof, then the chief of police or their designee, may, at any time thereafter, cause the property to be sold at public auction to the highest bidder.' Notice of the sale shall be given at least five days prior to the date fixed therefor, by publication once in a newspaper of general circulation published in the county;

(3) Notwithstanding the foregoing, any such property, the use of which is prohibited by law, shall be destroyed by the chief of police or their designee. (Ord. 728 (part), 2025; Ord. 267 §4(part), 1967: prior code §4400).

1 For statutory provisions authorizing a town to provide by ordinance for the sale, destruction, care, etc., of unclaimed property by the police department, see Civ. C.A. §2080.4.

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Chapter 2.38

PURCHASING

Sections:

• 2.38.010 Adoption of purchasing system. 2.38.020 Purchasing agent designated. 2.38.030 Limitations of purchasing agent. 2.38.040 Purchase procedures. 2.38.050 Availability of sufficient funds. 2.38.060 Multiyear contracts. 2.38.070 Splitting purchase and projects prohibited. 2.38.080 Inspection and review. 2.38.090 Surplus supplies and equipment. 2.38.100 Exemptions. 2.38.110 Compliance with state and federal laws. 2.38.120 Administrative policies.

2.38.010 Adoption of purchasing system. A purchasing system is adopted in order

to:

(a) Establish efficient procedures for the purchase of supplies, services and equipment;

(b) Secure supplies, services and equipment at cost commensurate with the level of quality required;

• (c) Exercise financial control over purchases; and

• (d) Clearly define authority for the purchasing function. (Ord. 694 (part), 2018).

2.38.020 Purchasing agent designated. The town manager is designated as the Town’s purchasing agent and shall be responsible for the purchase of all supplies, services and equipment for all departments and divisions of the town. The town manger may delegate all or a portion of the purchasing duties to any town staff member. In accordance with the limitations imposed by section 2.38.030, the purchasing agent shall have the authority to:

• (a) Purchase or contract for supplies, services and equipment required by the town in accordance with purchasing procedures outlined in this chapter;

• (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;

(c) Act to procure for the town the necessary quality in supplies, services, and equipment at the lowest cost to the town;

(d) Prepare and recommend to the town council revisions and amendments to the purchasing rules;

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(e) Establish and maintain such forms as reasonably necessary to the operation of the purchasing guidelines;

(f) Supervise the inspection of all supplies, services, and equipment purchased to ensure conformance with specifications;

(g) Recommend the sale or disposal of all supplies and equipment which cannot be used by the town, or which have become unsuitable for town use; and

(h) Maintain records necessary for the efficient acquisition of supplies, services and equipment. (Ord. 694 (part), 2018).

2.38.030 Limitations of purchasing agent. Unless otherwise directed by the town council, the town manger shall have authority to purchase supplies, services and equipment, and approve and execute payment of all warrants in the amount of $50,000 or less; drawn upon the town treasury without presentation to the town council, except as provided for in section 2.38.100. The purchase of supplies, services and equipment, and payment of warrants in excess of $50,000, which have not been authorized pursuant to a specific contract or other action previously approved by the town council, shall be presented to the town council for approval. (Ord. 694 (part), 2018).

2.38.040 Purchase procedures.

(a) Except as otherwise provided in Sections 2.38.100, the purchasing agent or designee shall secure favorable pricing for the procurement of supplies, equipment, and nonprofessional services. This shall include, to the extent possible, obtaining at least three bids based upon identical specifications from different vendors prior to purchasing supplies, equipment and nonprofessional services costing over $20,000. Bids may be received by informal price checking, in writing, in person, or by telephone and shall be documented and maintained in a file with the final awarded contract. More formal bidding procedures may be utilized at the discretion of the town manager. Bid award shall be made to the vendor offering the most acceptable bid. For the purposes of this chapter, the “most acceptable bid” means the bidder that timely submits a complete and fully responsive bid that best responds in price, quality, service, fitness and capacity to the bid requirements. Price alone will not be the determinative factor, but will be considered along with other relevant bidder responsibility factors such as quality of the services to be provided or the supplies or equipment to be delivered as well as bidder reputation, qualifications, experience, and ability to timely perform and meet contract requirements.

(b) The purchase of professional services, such as architectural, landscape architectural, engineering, environmental, land surveying, legal, financial, auditing, human resources, information technology or construction management services, shall be made on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required without complying with the bidding requirements contained in this section.

(c) Without complying with the bidding requirements contained in this section, the purchasing agent may participate in, sponsor, conduct or administer a cooperative

purchasing agreement for the procurement of any supplies, equipment, and services with one or more public entities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public entities and open-ended state public procurement unit contracts which are made available to the town.

(d) Purchases made under this chapter shall be in writing by formal written contract, purchase order, invoice, or other written confirmation as determined by the town manager to be most suitable for the purchase being made. (Ord. 694 (part), 2018).

2.38.050 Availability of sufficient funds. No purchase shall be made until it has been ascertained that there is a sufficient fund balance in excess of all unpaid obligations to defray the amount of the purchase. (Ord. 694 (part), 2018).

2.38.060 Multiyear contracts. A contract for equipment, supplies or services may be entered into for any period of time deemed to be in the best interest of the town; provided that the term of the contract and renewal provisions are included in the contract. Adequate funds must be available to fulfill the first fiscal year’s obligation at the time of contract execution. Appropriations for subsequent years are subject to authorization by the town council. The purchasing agent shall have the authority to enter into multiyear contracts for the same supplies or services pursuant to this section in amounts not to exceed $50,000 on an annual basis. (Ord. 694 (part), 2018).

2.38.070 Splitting purchase and projects prohibited. Purchases may not be split or separated into smaller purchases for the purpose of evading the provisions of this chapter. (Ord. 694 (part), 2018).

2.38.080 Inspection and review. The purchasing agent or designee shall require the inspection of supplies and equipment delivered to the town to determine their conformance with the specifications and requirements set forth in the order or contract as applicable. (Ord. 694 (part), 2018).

2.38.090 Surplus supplies and equipment. The purchasing agent shall have the authority to sell, trade or exchange all supplies and equipment which are no longer used or which have become obsolete or worn out. Any such sales exceeding the amount of $10,000 shall be approved by the town council. (Ord. 694 (part), 2018).

2.38.100 Exemptions. The bidding requirements for supplies, services and equipment required by this chapter shall not apply to the following circumstances:

(a) Emergencies. When an emergency exists involving a sudden, unexpected occurrence or the discovery of a condition or circumstance that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. In such an emergency, the purchasing agent may procure supplies, services and equipment in an amount greater than $50,000; provided, that any such procurement be reported to the town council at the next town council meeting. The procurement of supplies, services and equipment pursuant to this subsection (a) shall not extend beyond the period of the emergency.

(b) Sole source. When the supplies, services or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available from only one source. (Ord. 694 (part), 2018).

2.38.110 Compliance with state and federal laws. All purchases made pursuant to this chapter shall comply with any applicable state or federal laws. In addition, all procurements which utilize federal funds must be conducted in compliance with this chapter and the requirements contained within the Federal Code of Regulations Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Notwithstanding the provisions of this chapter, any contract which is paid with grant monies shall strictly adhere to the purchasing provisions set forth in the applicable grant agreement. (Ord. 694 (part), 2018).

2.38.120 Administrative policies. The town manager shall establish administrative policies and procedures for the efficient and effective implementation of this chapter. (Ord. 694 (part), 2018).

Chapter 2.40

PUBLIC PROJECTS

Sections:

• 2.40.010 Purpose. 2.40.020 Definitions. 2.40.030 Applicability. 2.40.040 Bid requirements, purchasing procedures, and contracting procedures. 2.40.050 Delegation of authority to award contracts for Level 1 projects. 2.40.060 Delegation of design approval authority. 2.40.070 Bid security. 2.40.080 Emergencies. 2.40.090 Compliance with state and federal laws. 2.40.100 Administrative Policies.

2.40.010 Purpose. The purpose of this chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act. (Ord. 694 (part), 2018).

2.40.020 Definitions. Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

(a) “Public Project” shall be defined as that term is defined in Section 22002(c) of the California Public Contract Code or any successor statute thereto.

(b) “Uniform Public Construction Cost Accounting Act” shall mean the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor statute thereto. (Ord. 694 (part), 2018).

2.40.030 Applicability. All public projects shall be bid and let to contract in accordance with the procedures prescribed by the Uniform Public Construction Cost Accounting Act, or any successor statute thereto, and the provisions set forth in this chapter. (Ord. 694 (part), 2018).

2.40.040 Bid requirements, purchasing procedures, and contracting procedures. This section shall govern the procedures for bidding and awarding all purchase orders and contracts to perform public projects. Bidding requirements and other purchasing and contracting procedures are categorized into three different levels set forth below. Notwithstanding any provision of this chapter, the bidding and other procedures for awarding public project contracts shall not violate the limitations of the Uniform Public Construction Cost Accounting Act, as they may be amended from time to time by the State Controller or the State Legislature.

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(a) Level 1 Projects. Public projects that do not exceed the limit in Public Contract Code Section 22032(a), as it now exists or may subsequently be amended, may be performed by town employees by force account or may be awarded by negotiated contract or by purchase order without competitive bidding.

(b) Level 2 Projects. Public projects that do not exceed the limit in Public Contract Code Section 22032(b), as it now exists or may subsequently be amended, may be let to contract by the informal bid procedures set forth in this subsection (b). All Level 2 Project contracts shall require informal competitive written bidding, as follows:

(1) Written Bids.

(i) Bid specifications shall be prepared and written notices soliciting written bids shall be disseminated consistent with paragraph (3) of subsection (b) of this section.

(ii) Bids shall be submitted in writing and must be received prior to

the bid closing date to be considered.

(iii) The awarding authority shall award the contract to the lowest responsible and responsive bidder. The awarding authority may reject all bids, or waive any irregularities or informalities in any bid or bidding.

(2) Contractors List. The town may develop and maintain a list of qualified contractors, identified according to categories of work, in accordance with the provisions of Section 22034 of the California Public Contract Code, or any successor statute thereto, and the minimum criteria for development and maintenance of the Contractors List as determined by the California Uniform Construction Cost Accounting Commission.

(3) Notice Inviting Informal Bids. At least ten (10) calendar days prior to the date informal bids are due, the town shall mail, fax or email a notice inviting informal bids to one or both of the following: (i) all contractors from the applicable category of work to be bid, as shown on a Contractors List developed in accordance with paragraph (2) of subsection (b) of this section, or (ii) all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto. The notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids. Additional contractors or construction trade journals may be noticed at the discretion of the public works director. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(4) Excess bids. If all bids received pursuant to the procedures outlined in this subsection (b) are in excess of the limit in Public Contract Code Section 22032(b), the town council may employ the procedure authorized in Public Contract Code Section 22034(d).

(c) Level 3 Projects. Public projects that exceed the limit in Public Contract Code Section 22032(c), as it now exists or may subsequently be amended shall, except as otherwise

provided by law, be let to contract by the formal bidding procedures set forth in this subsection (c).

(1) Notice Inviting Formal Bids. The town shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of California Public Contract Code Section 22037, or any successor statute thereto.

(2) Receipt of Bids. Bids shall be sealed, and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.

(3) Award. The town council shall award the bid to the lowest responsible and responsive bidder, or reject all bids pursuant to Public Contract Code Section 22038, or its successor statute. The town council may waive any irregularities or informalities in any bid or bidding. (Ord. 694 (part), 2018).

2.40.050 Delegation of authority to award contracts for Level 1 projects. The town manager or their designee is authorized to award bids and enter into contracts for Level 1 public projects pursuant to Section 2.38.040(a) of this chapter, provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged. (Ord. 728 (part), 2025; Ord. 694 (part), 2018).

2.40.060 Delegation of design approval authority. The public works director is authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6, for all public projects approved by the town manager. Nothing in this section is intended to, nor will it, preclude the town council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6. (Ord. 694 (part), 2018).

2.40.070 Bid security. Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the town manager or their designee. Bid security may be a bond issued by a licensed and duly qualified corporate surety, or the equivalent in cash, money order, cashier's check, certified check, unconditional and irrevocable letter of credit, or other form approved by the town attorney. Bid security must equal at least ten percent (10%) of the bid amount. (Ord. 728 (part), 2025; Ord. 694 (part), 2018).

2.40.080 Emergencies. In cases of emergency when repair or replacements are necessary, the town may proceed in compliance with Public Contract Code Section 22035, or any successor statute or any other statute authorizing such work. (Ord. 694 (part), 2018).

2.40.090 Compliance with state and federal laws. Contracts for all public projects made pursuant to this chapter shall comply with any applicable state or federal laws. In addition, all procurements which utilize federal funds must be conducted in compliance with this chapter and the requirements contained within the Federal Code of Regulations Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (Ord. 694 (part), 2018).

2.40.100 Administrative Policies. The town manager shall establish administrative policies and procedures for the efficient and effective implementation of this chapter. (Ord 728 (part), 2025; Ord. 694 (part), 2018).

TITLE 3 REVENUE AND FINANCE

Chapters:

3.04 Special Gas Tax Street Improvement Fund 3.10 Sales and Use Tax 3.12 Documentary Stamp Tax 3.16 Assessment and Tax Collection 3.20 Public Safety Tax 3.24 Claims and Suits for Refunds of Taxes, Fees, Assessments and Levies 3.30 Paramedic Services Tax 3.32 Special Tax Accountability Measures

Chapter 3.04

SPECIAL GAS TAX STREET IMPROVEMENT FUND¹

Sections: